Commercial National Bank of Pennsylvania v. Heilbronner
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 7, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. (Reported below, 20 J. & S. 388.) This action was brought on an account for goods sold by Vanuxem, Wharton & Co., commission merchants, to defendant, which goods had been consigned to that firm by one Taft.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 7, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. (Reported below, 20 J. & S. 388.) This action was brought on an account for goods sold by Vanuxem, Wharton & Co., commission merchants, to defendant, which goods had been consigned to that firm by one Taft. Plaintiff claimed to own under an assignment from said firm. Before the commencement of this action Taft, the consignor and owner of the goods, had served on the…
1Opinion of the CourtAndbews, J.
As factors, Vanuxem, Wharton & Co. had no title to the consigned goods. The consignor, upon a consignment of goods to be sold on commission, does not part with his title by the consignment, but he continues to be the true owner of the consigned property until sold by the consignee, and the rule is the same whether the consignee is a. del credere factor, or is under advances for the principal, or is simply an agent for sale, assuming no responsibility except, that usually appertaining to the position of an agent. (Baker v. N. Y. Nat. Ex. Bank, 100 N. Y. 31; Mellish L. J., Ex parte White, 6 L.…
2Cases cited5 opinions
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Urquhart v. M'IverNew York Supreme Court · 1809
- Easton v. . ClarkNew York Court of Appeals · 1866
- Marfield v. . GoodhueNew York Court of Appeals · 1849
- Buckley v. PackardNew York Supreme Court · 1823
3Cited by12 opinions
- Britton v. . FerrinNew York Court of Appeals · 1902
- Heffner v. Gwynne-Treadwell Cotton Co.Court of Appeals for the Eighth Circuit · 1908
- Romeo v. MartucciSupreme Court of Connecticut · 1900
- Eames v. H. B. Claflin Co.Court of Appeals for the Second Circuit · 1917
- In re Monongahela Distillery Co.District Court, E.D. Michigan · 1910
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